Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the first date (the "EFFECTIVE DATE") that (i) the Agent and the Borrower shall have received counterparts of this Agreement executed by the Borrower, each Guarantor, the Agent and the Required Lenders and (ii) each of the following conditions precedent shall have been satisfied: (a) The Borrower shall have paid to the Agent, for the benefit of each of the Lenders listed in Schedule I hereto, an aggregate principal amount of $50,000,000; such amount being a voluntary repayment of an aggregate principal amount of $50,000,000 of the Advance. (b) No event shall have occurred and be continuing that constitutes a Default, other than the Existing Defaults. (c) Verizon shall have executed and delivered a standstill agreement, in form and substance satisfactory to the Agent, agreeing to forbear from taking actions of the type specified in Section 3(d) for so long as the standstill provisions under Section 1 (and Section 5, if applicable), and the waiver in Section 6, are in full force and effect.
Appears in 1 contract
Samples: Standstill Agreement (Genuity Inc)
Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the first date (the "EFFECTIVE DATE") that (i) the Agent and the Borrower shall have received counterparts of this Agreement executed by the Borrower, each Guarantor, the Agent and the Required Lenders and (ii) each of the following conditions precedent shall have been satisfied:
(a) The Borrower shall have paid to the Agent, for the benefit of each of the Lenders listed in Schedule I hereto, an aggregate principal amount of $50,000,00012,500,000; such amount being a voluntary repayment of an aggregate principal amount of $50,000,000 12,500,000 of the Advance.
(b) No event shall have occurred and be continuing that constitutes a Default, other than the Existing Defaults.
(c) Verizon shall have executed and delivered a standstill agreement, in form and substance satisfactory to the Agent, agreeing to forbear from taking actions of the type specified in Section 3(d) for so long as the standstill provisions under Section 1 (and Section 5, if applicable)1, and the waiver in Section 6, are in full force and effect.
(d) The Borrower shall have paid all fees and expenses of the Agent which have been invoiced on or prior to the date hereof (including the accrued fees and expenses and retainers of all counsel and the financial adviser to the Agent).
Appears in 1 contract
Samples: Standstill Agreement (Genuity Inc)
Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the first date (the "EFFECTIVE DATE") that (i) the Agent and the Borrower shall have received counterparts of this Agreement executed by the Borrower, each Guarantor, the Agent and the Required Lenders and (ii) each of the following conditions precedent shall have been satisfied:
(a) The Borrower shall have paid to the Agent, for the benefit of each of the Lenders listed in Schedule I hereto, an aggregate principal amount of $50,000,00012,500,000; such amount being a voluntary repayment of an aggregate principal amount of $50,000,000 12,500,000 of the Advance.
(b) No event shall have occurred and be continuing that constitutes a Default, other than the Existing Defaults.
(c) Verizon shall have executed and delivered a standstill agreement, in form and substance satisfactory to the Agent, agreeing to forbear from taking actions of the type specified in Section 3(d) for so long as the standstill provisions under Section 1 (and Section 5, if applicable), and the waiver in Section 6, are in full force and effect.
(d) The Borrower shall have paid all fees and expenses of the Agent which have been invoiced on or prior to the date hereof (including the accrued fees and expenses and retainers of all counsel and the financial adviser to the Agent).
Appears in 1 contract
Samples: Standstill Agreement (Genuity Inc)
Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the first date (the "EFFECTIVE DATE") that (i) the Agent and the Borrower shall have received counterparts of this Agreement executed by the Borrower, each Guarantor, the Agent and the Required Lenders and (ii) each of the following conditions precedent shall have been satisfied:
(a) The Borrower shall have paid to the Agent, for the benefit of each of the Lenders listed in Schedule I hereto, an aggregate principal amount of $50,000,00025,000,000; such amount being a voluntary repayment of an aggregate principal amount of $50,000,000 25,000,000 of the Advance.
(b) No event shall have occurred and be continuing that constitutes a Default, other than the Existing Defaults.
(c) Verizon shall have executed and delivered a standstill agreement, in form and substance satisfactory to the Agent, agreeing to forbear from taking actions of the type specified in Section 3(d) for so long as the standstill provisions under Section 1 (and Section 5, if applicable), and the waiver in Section 6, are in full force and effect.
(d) The Borrower shall have paid all fees and expenses of the Agent which have been invoiced on or prior to the date hereof (including the accrued fees and expenses and retainers of all counsel and the financial adviser to the Agent).
Appears in 1 contract
Samples: Standstill Agreement (Genuity Inc)
Conditions of Effectiveness of this Agreement. This Agreement shall become effective as of the first date (the "EFFECTIVE DATE") that (i) the Agent and the Borrower shall have received counterparts of this Agreement executed by the Borrower, each Guarantor, the Agent and the Required Lenders and (ii) each of the following conditions precedent shall have been satisfied:
(a) The Borrower shall have paid to the Agent, for the benefit of each of the Lenders listed in Schedule I hereto, an aggregate principal amount of $50,000,0008,300,000; such amount being a voluntary repayment of an aggregate principal amount of $50,000,000 8,300,000 of the Advance.
(b) No event shall have occurred and be continuing that constitutes a Default, other than the Existing Defaults.
(c) Verizon shall have executed and delivered a standstill agreement, in form and substance satisfactory to the Agent, agreeing to forbear from taking actions of the type specified in Section 3(d) for so long as the standstill provisions under Section 1 (and Section 5, if applicable)1, and the waiver in Section 6, are in full force and effect.
(d) The Borrower shall have paid all fees and expenses of the Agent which have been invoiced on or prior to the date hereof (including the accrued fees and expenses and retainers of all counsel and the financial adviser to the Agent).
Appears in 1 contract
Samples: Standstill Agreement (Genuity Inc)